WASHINGTON, DC – Friday, U.S. Senator Maria Cantwell (D-WA), chair of the Senate Commerce Subcommittee on Fisheries and the Coast Guard, introduced the Coast Guard Authorization Act of 2008. This comprehensive legislation authorizes the Coast Guard’s funding levels for fiscal year 2008 and new programs to improve the Coast Guard’s homeland security, marine safety, fisheries, and environmental protection missions. The bipartisan bill is cosponsored by Senators Olympia Snowe (R-ME), Daniel Inouye (D-HI), Ted Stevens (R-AK), Frank Lautenberg (D-NJ), and Trent Lott (R-MS).

“This legislation will provide the Coast Guard with necessary resources to carry out missions critical to our nation’s security, environmental protection, and fisheries enforcement,” said Cantwell. “The Coast Guard is a vital part of America’s national defense, and we must ensure that it has the tools to carry out all its missions. From saving lives during natural disasters such as Hurricanes Katrina and Rita, to protecting our shores in a post-9/11 world, the Coast Guard has served America well—and continues to serve us every day.”

 

Cantwell’s bill includes many provisions from her Oil Pollution Prevention and Response Act of 2007--introduced on June 14--to improve oil spill prevention and response and to implement environmental safeguards to protect America’s waterways from contamination. The Coast Guard authorization bill would also provide a mechanism for a year-round, user-funded response tug stationed at Neah Bay, a key element of the oil spill prevention safety net for Washington State’s Olympic coast. 

 

The Coast Guard plays a critical role in securing our ports-of-entry and coasts by preventing unlawful entry. Each year, maritime smugglers transport thousands of people to the United States with virtual impunity because the existing law does not sufficiently punish or deter such conduct. During fiscal years 2004 and 2005, over 840 mariners made almost $14 million smuggling people into the U.S. illegally. This bill gives the Coast Guard the authority it needs to prosecute mariners who intentionally smuggle aliens on board their vessels. 

 

This bill also directs the Coast Guard to construct two new polar icebreakers, to maintain their two icebreakers—the Polar Sea and the HEALY--and to bring back into service a third icebreaker which is not currently in use, the Polar Star. 

 

The Senate Commerce Committee is expected to mark up the legislation next Thursday.  The bill will then go to the full Senate. 

 

 

Web-Based Risk Management Data System -- authorizes$1 million for fiscal year 2008 and 2009 to continue use of a web-based system to reduce accidents and fatalities of Coast Guard personnel.  The system tracks details of accidents that occur so changes can be made to programs to make them safer.  It would also require a status report within 90 days after enactment.

Vice Commandant Status -- changes the vice commandant position from a 3-star position to a 4-star position, which will better align the Coast Guard with the other armed forces.

 

Merchant Mariner Medical Advisory Committee -- establishes an advisory group of medical specialists familiar with the maritime environment.  The advisory group would establish the medical standards and guidelines for the physical qualifications of operators of vessels.

 

Authority to Distribute Funds Through Grants, Cooperative Agreements, and Contracts To Maritime Authorities And Organizations -- gives the Coast Guard limited authority to provide financial support (approx. $100K per year) to provide funds to international maritime authorities and organizations that collect and maintain databases in order to obtain information on foreign vessels and ports that is directly linked to maintaining and enhancing U.S. maritime safety and security.  

 

Assistance to Foreign Governments and Maritime Authorities -- authorizes the Coast Guard to provide technical assistance, including law enforcement and maritime safety and security training to foreign maritime authorities in conjunction with regular Coast Guard operations.

 

Military Strength and Training -- authorizes up to 45,500 active duty military personnel for the Coast Guard by the end of 2008.

 

Emergency Leave Retention Authority -- allows service members to retain leave they would otherwise forfeit due to support of major disasters or other emergencies.  In recent years, several occurrences of major events such as the September 11, 2001 attacks, and Hurricanes Katrina, Rita and Wilma have caused many Coast Guard members to be unable to take leave, which they had already accrued, before the end of a fiscal year. 

 

Legal Assistance for Coast Guard Reservists – provides legal assistance for Coast Guard reservists who have served on active duty for more than 30 days upon release from active duty.  Currently, Coast Guard reservists do not have legal assistance with their personal civil affairs. 

 

Reimbursement for Certain Medical-Related Travel Expenses – reimburses travel-related expenses, when a service member is stationed on an INCONUS island and his/her family member is referred to a specialty care provider off-island that is less than 100 miles from the primary care provider.

 

Number and Distribution of Commissioned Officers on the Active Duty Promotion List -- continues the 6,700 Coast Guard commissioned officer cap beyond fiscal year 2006.  Makes that number applicable only to the commissioned officers on the Coast Guard Active Duty Promotion List and provides guidance for the management of these commissioned officers.

 

Coast Guard Participation in the Armed Forces Retirement Home System -- provides the Coast Guard parity with veterans of the other military services and allows Coast Guard to be eligible for admission into the retirement home system.Currently, only Coast Guard serving under the Navy are eligible. 

 

Coast Guard to Maintain Loran-C Navigation System – requires the Secretary of the Department of Transportation to maintain the LORAN-C navigation system--used by general aviators, recreation boaters, commercial fishermen and the military as back up to the satellite-based Global Positioning System--until the Secretary under which the Coast Guard is operating is authorized to stop operations. 

 

Nantucket Sound Ship Channel Weather Buoy -- instructs the National Weather Service to deploy a weather buoy in the main ship channel of Nantucket Sound.

 

Vessel Rebuild Determinations -- instructs the secretary to provide recommendations regarding improving transparency in the Coast Guard’s foreign rebuild determination process.

Improve the Safety of Older Oil Tankers and Encourage the Use of Safer Vessels – Requires the owner of the oil product a responsible party if the owner contracts with a single-hull tank vessel after 2010 and knows or should know that the vessel has a poor safety or operational record.

 

Address the Risk of Spills Resulting from Oil Transfer Operations – OPPRA would direct the Coast Guard to reduce the risk of oil spills from inadequately addressed activities, including the transfer of oil between vessels or between vessels and land-based facilities.

Address the Risk of Spills Resulting from Human Error – Human error is the most frequent cause of accidental spills. OPPRA would direct the Coast Guard to examine the most frequent sources of human error resulting in spills or “near miss” incidents.  The Coast Guard would then use its findings to take appropriate action to reduce the risk of oil spilled because of human error.

 

Establish a Grant Program to Reduce Smaller Spills – OPPRA would authorize the National Oceanic and Atmospheric Administration (NOAA) to establish an education and outreach grant program to help recreational boaters, fishermen, and others who operate smaller vessels reduce the risk of a spill. 

 

Require a Year-Round Neah Bay Rescue Tug – OPPRAwould require a user-funded, year-round tug at Neah Bay near the entrance to the Strait of Juan de Fuca.  Thetug is the state’s first line of defense against oil spills, protecting the treacherous and environmentally fragile area around Cape Flattery and the Olympic Coast National Marine Sanctuary.

 

Bolster the Nation’s Fire Fighting, Response, and Salvage Capability – The Oil Pollution Act of 1990 directed the Coast Guard to make sure adequate salvage, response, and firefighting vessels and equipment is stationed at strategic locations across the country, but the rule has yet to be implemented.  OPPRA would require the rule’s implementation within 18 months of enactment.

 

Enhance Oil Spill Preparedness in the Strait of Juan de Fuca and Outer Coast – Currently the high volume port area in Washington state, in which additional response equipment must be stationed, does not include waters west of Port Angeles.  OPPRA would extend the high volume port area west to Cape Flattery, requiring oil spill response equipment along the entire Strait of Juan de Fuca.

 

Hold an Oil Spill Response Drill Off Washington’s Coast – To help prepare for an actual emergency, OPPRA would direct NOAA to lead an oil spill response drill in the Olympic Coast National Marine Sanctuary.  NOAA has led oil spill response drills in Florida and California, and a similar exercise has long been planed for the Olympic coast.  OPPRA would authorize $700,000 for the exercise.

Establish a Stronger Role for Tribes – requires the Coast Guard to improve oil spill prevention, preparedness, and response coordination with federally-recognized tribes.  Coastal tribes are particularly vulnerable to oil spills along Washington’s coast, and bore the brunt of past spills in the area.

Marine Mammals and Sea Turtles Report – Requires the Secretary of the Coast Guard to submit an annual report to Congress on Coast Guard activities covering the protection of marine mammals and sea turtles under U.S. statues and international agreements.

Data -- authorizes appropriations to the Administrator of NOAA in the amount of $7 million for FY 2008 through FY 2010 to acquire using aerial vehicles to improve management of natural disasters and the safety of marine and aviation transportation.

Icebreakers – directs the Coast Guard to construct two new polar icebreakers in addition to maintaining their existing two icebreakers—the Polar Sea and the HEALY--and an additional icebreaker, the Polar Star, which is currently not in use. 

Inspector General Report on Coast Guard Dive Program – Requiresthe Inspector General of the Department of Homeland Security to submit a report to Congress on the events and circumstances that led to the tragic deaths of two Coast Guard divers which occurred as they were serving aboard the Coast Guard icebreaker HEALY in August 2006. The investigation and report shall include: 1) a description of programmatic changes made by the Coast Guard in response to the accident; 2) and evaluation of whether those changes are effective; and 3) recommendations for further improvements in safety of the dive program.  This provision also requires a progress report be submitted to Congress 6 months after enactment. 

 

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